Johnson trial could see change of venue

Through “an abundance of caution”, defense attorney Don Fuller plans to file a motion for a change of venue in the trial of the State of Wyoming vs. Jessie Johnson. Fuller stated his intention during a pre-trial hearing on Tuesday afternoon after concerns were heard over the low population in Crook County with which to form a jury “untainted” by involvement in the Marty Smith trial.

District Court has been experiencing a higher than average number of trials recently, said Clerk of District Court Tina Wood, and Wyoming law states that a person who has served may not be called again for the period of one year. Though she felt it will be more of a challenge than usual to secure a jury pool, Wood believed it will be possible.

Judge Michael Deegan requested a jury pool of 100 people for the trial, as had been called for the trial of Marty Smith. Of this pool, 60 will be called in the morning and, if a jury of 12 cannot be selected, a further 40 will be called in the afternoon.

Though Deputy County Attorney Linda Black argued that most of the discussion that may have tainted the jury pool during Smith’s trial actually took place at the bench, outside of that jury pool’s hearing, the judge agreed that he would prefer to “err on the side of caution” and select a jury from a completely fresh pool.

Fuller stated his intent to file the motion in case a fresh pool cannot be sourced. Judge Deegan reminded the court that, while a motion to move the trial to Gillette would not be unprecedented and relocation has already been considered as a contingency, as a general rule the court must try to pick a jury in the county where an alleged crime took place.

During the pre-trial hearing, discussion was also held over various aspects of proceedings for the upcoming trial. Black reserved the right to object to several pieces of evidence the defense intends to submit, mostly on the basis that they are irrelevant or, in the case of audio recordings of witness interviews, that the testimony contained therein should be presented on the witness stand.

Judge Deegan requested that a motion to relocate be filed by close of business on Monday, March 25. The trial is set to begin on May 6.